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Old 05-30-2017, 09:15 PM
 
5,681 posts, read 5,161,355 times
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Quote:
Originally Posted by Zippyman View Post
They may agree it was uninhabitable & cover two nights hotel at $149 each.. After your deductible, you'll still get nothing.. This isn't worth fighting over.
My deductible is $100. If they cover $300, that's still $200 back for very little effort. Totally worth it to me.
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Old 05-30-2017, 09:18 PM
 
9,913 posts, read 9,593,779 times
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You have a carpet in your kitchen? Thats weird!
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Old 05-30-2017, 09:41 PM
 
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Originally Posted by ChicagoMeO View Post
You have a carpet in your kitchen? Thats weird!
I meant our dining area. It's right next to the kitchen, so the flowing carpet basically rendered that whole area unusable.
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Old 05-30-2017, 11:19 PM
 
9,446 posts, read 6,580,323 times
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Quote:
Originally Posted by emm74 View Post
It's unlikely renter's insurance would pay for a hotel in these circumstances. They would go by the same standard of whether it was habitable or not, and an entirety functional home with a loud fan is still habitable.

Maybe, but 70 decibels is quite loud if it is continuous. And they told him not to turn it off.
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Old 05-30-2017, 11:28 PM
 
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Quote:
Originally Posted by highlanderfil View Post
They are not around on weekends and I doubt they would have done anything for us, because to them a loud fan is just "white noise" (direct quote from the maintenance guys).

No, but staying in the apartment really wasn't an option, so even if we end up being out of pocket on this one, at least we got two nights' worth of sleep.
Unfortunately, even if there was a basis for a claim, not contacting them before you took action (this is not an emergency like with a casualty loss) probably gives them the right to deny the claim.

The management company probably can avoid any financial liability since it was a non negligent issue, they acted promptly and they acted according to a reasonable repair. You may be able to argue with them over your meals if the kitchen was unusable, but the hotel stay most likely will be a no. You would have been in a much better position had you first complained about being unable to sleep due to the fans and noise. That would have created a nuisance (of their making) for them to address. They now had a separate and specific complaint to address. However, they will argue (rightfully) that you never made it an issue, never told them about it, never gave them a chance to fix things and acted in haste.

Your renter's insurance may or may not cover this. Since policies can differ and coverage can be added or excluded based on the policy and terms you elected, might as well take a shot at a claim. Don't be surprised if they pull the same no prior notice on you.
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Old 05-31-2017, 06:46 AM
 
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Quote:
Originally Posted by Rabrrita View Post
The management company probably can avoid any financial liability since it was a non negligent issue, they acted promptly and they acted according to a reasonable repair.
The only negligence on their part would be if they never inspected it according to a pre-set schedule (assuming one exists) and therefore failed to detect it was failing. I don't know how that works (or if it's even a thing at all), hence the question.
Quote:
You would have been in a much better position had you first complained about being unable to sleep due to the fans and noise. That would have created a nuisance (of their making) for them to address. They now had a separate and specific complaint to address. However, they will argue (rightfully) that you never made it an issue, never told them about it, never gave them a chance to fix things and acted in haste.
Well, here's the thing. Even if members of the management staff were available (they were not, making reporting anything a physical impossibility and a moot point), what could they do to fix things? The fan had to be there. But I agree with it being a long shot, which is why I am not pursuing it - again, the only way to make a valid claim here is to prove prior negligence and I'm not sure I can do that.
Quote:
Your renter's insurance may or may not cover this. Since policies can differ and coverage can be added or excluded based on the policy and terms you elected, might as well take a shot at a claim. Don't be surprised if they pull the same no prior notice on you.
Yeah, that's a valid point. Much like with a car insurance policy, one wouldn't repair a car without prior approval. We did make all the necessary efforts to be reasonable in our expenses (the hotel I picked was certainly not lavish and we ate meals at places Five Guys and Noodles & Company), both for the purposes of potential reimbursement and for ourselves not to overspend in case we were declined. So, we'll see how it works out - MetLife is supposed to call me today.

If there's one good thing about this experience, it's that it happened so close to our moving date (this weekend) and the next tenants will start with a new water heater and, hopefully, new carpeting. I can just imagine moving into a new apartment with water gushing all over the place shortly thereafter, so better it happen to us than someone in that situation.
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Old 05-31-2017, 06:55 AM
 
16,235 posts, read 25,221,586 times
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Quote:
Originally Posted by highlanderfil View Post
I find it very hard to fathom that a small apartment with no functioning kitchen and a huge loud fan in its place can be considered habitable, but we will see what MetLife says, I suppose.
How was you kitchen not-functional? I think your claim will be denied, as you already stated that you didn't lose any personal property. It actually seems to me that the company responded timely and efficiently. You were inconvenienced....but not left homeless, so you may have better luck asking the company to discount your rent by a couple of days. Their insurance would be the company that will compensate you if at all.
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Old 05-31-2017, 08:42 AM
 
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Quote:
Originally Posted by JanND View Post
How was you kitchen not-functional? I think your claim will be denied, as you already stated that you didn't lose any personal property. It actually seems to me that the company responded timely and efficiently. You were inconvenienced....but not left homeless, so you may have better luck asking the company to discount your rent by a couple of days. Their insurance would be the company that will compensate you if at all.
My kitchen was functional, but anything we cooked in it we didn't have a place in which to eat. I think you're absolutely right about the rent - actually, our lease agreement provides just that, a refund on the rental days, but with the attitude the management company has taken, I doubt we'll even get that, so we're better off going through our insurance company.
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Old 05-31-2017, 08:45 AM
 
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Got a call from the insurance company a few minutes ago. The deductible does not apply to hotel stays and meals - only personal items lost. Sounds like they don't think I should have been forced to stay in the apartment, which is nice. They asked for my hotel bill and meal receipts (though I suspect they will take a credit card statement, as well), so it sounds like they are willing to work with me.
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Old 05-31-2017, 11:18 AM
 
Location: BNA
586 posts, read 555,028 times
Reputation: 1523
Well that's always a plus!
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